Ernst: Crazy North Port fines are a thing of the past

Friday

May 28, 2010 at 12:01 AM

Eric Ernst

Kudos to North Port city government.

When it comes to code enforcement, that phrase has a strange ring to it.

But after years of bureaucratic persecution inflicted on property owners who let their lawns grow too long or neglected to put address numbers on their homes, the city commissioners have called a truce.

Residents will still have to follow the rules, but when they don't, city staff will try to work with them rather than impose ridiculous fines and liens on properties.

The commissioners agreed to the shift Tuesday. Details will come later.

It's about time.

The city has taken a public relations pounding on its code enforcement. And deservedly so. For the most part, there was nothing outrageous about the rules, designed to ensure building safety and aesthetics. The trouble came at the enforcement end, when the city issued citations and imposed fines.

The process often involved no face-to-face contact. There were no limits. Fines accrued even after violations were rectified. At 18 percent interest, some grew to more than $100,000 for the most petty offenses.

The city adopted an aggressive approach during a real estate boom. Now it has 2,098 liens recorded against its citizenry. And, it has been trying to collect during a recession after property values have plummeted and people are out of work.

In what became a lose-lose proposition, violators were not complying, fines mounted and the city could not collect as much as it cost to try.

Quite simply, the system was out of control.

One former state legislator, after reading accounts in the newspapers, approached his successors last session about crafting a law to curb cities from employing practices similar to North Port's.

It probably would have become known as the North Port bill.

Not now, luckily. No town needs that type of publicity.

The commissioners will consider several reforms. They like the idea of capping fines. Three other Florida cities do that. Calloway, in Bay County, limits fines to 10 times the original amount. Biscayne Park and Springfield cap the accrual at 20 times the original.

The commissioners also favor splitting code infractions, and by extension fines, into categories such as aesthetics or health and safety.

Presumably, violations of aesthetic standards would be treated less severely than those addressing health and safety.

Of course, the best code enforcement entails personal contact, talking with people and persuading them to alter their behavior to make everyone happy.